2:45:53 Yeah, let me just see where this was. This particular speech is... And I found it! It's on C-SPAN but i found it at the Brookings Institution well that makes sense doesn't?t This is where policy is set. I pulled out the whole relevant pieces a couple minutes if you get bored please tell me immediately. I doubt you will we may have to stop but to discuss here and there. It's the last clip I have James Comey director of the FBI on encryption. that...oh man, come on John help me out here. I don't know what it is! Yeah you do, CALEA. It's um... Let's look it up. C-a-l-e-a, it's the communications regulation about uh...I'm glad I asked. C-a-l-e-a? No. Yeah it is.
2:47:04 Yeah, the community can now Law Enforcement Act there you go and you'll recall they tried to To change that a couple years ago And then that didn't happen this is way before Snowden and this is funny because this we did talk about this thing I'm gonna just read think from this Wiki The United States wiretapping law passed in 1994 during their presidency of bill Bill Clinton's Khalil. I think first crap crapped out, came up. Because I remember talking...I was doing a show then called either Real Computing or Software Hard Talk on public radio and I had an FBI guy on discussing this and there was the same pitch, you know we need this because all it...the pitch the FBI has and I've said it before is a pitch for laziness
2:47:49 Yes, so they don't have to do anything. They don't have to touch everything and we wouldn't even be in the field! You won't have to follow it or you won't have any actual work Yeah, you don't have to put anybody in there or really have to do any work...you just listen IN on everyone! Now Kaliya is 20 years old It was enacted on October 25th 1994 And it requires a telecommunications carrier, as defined by the act to ensure that equipment facilities or services that allow customer or subscriber to originate terminator direct communications enable law enforcement officials to conduct electronic surveillance pursuant to court order or other lawful authorization. I think it was CALEA they tried to update to do the SOPA stuff and that's why he got shouted down? Yeah. I recall there was like some sneaky change of the act that got overturned
2:48:33 So this guy's still operating on the principle. It has been going on forever, this attempt But it's changed a little bit and some of the words he uses are interesting to me The issue is whether companies not subject currently to CALEA should be required to build lawful intercept capabilities for law enforcement Now to be clear we are not seeking to expand our authority to intercept communications We're struggling to keep up with changing technology and to maintain our ability to actually collect the communications we are authorized to collect. And if the challenges of real-time data interception threatened to leave us in the dark, encryption threatens to lead us all to a very very dark place. A very very dark place John! Encryption
2:49:24 A very dark place because Uberlord Comey needs to be able to access anything you do. Here's what I mean by that. Tell me. Encryption is nothing new, but the challenge for law enforcement and national security officials is markedly worse with recent default encryption settings encrypted devices and networks all in the name of increased security and privacy. Yes, this is very good for the citizens of the world to have increased security and privacy away from your prying eyes you scum! For example with Apple's new operating system... Ooh calling out the apples hello Tim Collins or Steve Cook whatever your name is. The information stored on many iPhones and other Apple devices will be encrypted by default okay
2:50:10 Pay attention to what he says next, what Apple said. will not be able to unlock phones, laptops and tablets to reveal photos or documents. Or email... Yeah! Because I bought the product it's my product it's my possession I own the product although that is probably dubious at best depending on all of the warning and licensing crap that you apparently sign when you use it but yeah I bought the product Apple has no right to screw with my product oh wait they can put a U2 CD on it but okay
2:50:53 What's wrong with you, Comey? That they don't have... They can't do anything after I've bought a product. Oh! Restored texts or recordings in those doc... In those instruments Look both companies are run by good people who care deeply about public safety and national security. I know that Uh-uh And they're responding to a market demand that they perceive It's a marketing it's just market demand But the place that this is leading us, is one that I suggest we should not go without careful thought and debate as a country. Okay? At the outset the good folks at Apple say something that's reasonable. Now... The good folks at Apple say something that's reasonable! I'm now interested. Apple- so the director of FBI is saying that Apple said this to him which is look it's not that big a deal because law enforcement can still
2:51:45 Get the data from the cloud, because folks are going to back up their devices to the cloud. I have heard this argument but i've never heard an Apple person say this Have you? Have you heard an Apple person say this? No no actually haven't heard too many people that are representing a money-making corporation saying anything like that What's there to worry about? It is reasonable which is look it's not that big of deal because law enforcement can still Get the data from the cloud, because folks are going to back up their devices to the cloud and FBI with lawful authority can still access the cloud. But here's the problem with that uploading to the cloud doesn't include all of the stored data on the bad guys phone I'd like to stop this for a moment...I would like the director of FBI to stop his blatant sexism
2:52:36 Not all criminals are guys, and he continuously talks about bad guys, bad guys, bad guys. Why? Is it only guys who do this or are women never come...never bad?" I take issue with that. I think you should! Which has the potential to create a black hole in and of itself A black hole? But second, if the bad guys don't back up their phones routinely or if they opt out Hey bad guy have you backed up your iPhone regularly because you know hey bad guy it would have a whole campaign And by the way, there is a JC Buzzkill Jr. pointed this out to me and I had it clicked If you go into your settings for Android phones they are backing up the damn phone constantly to the cloud By default? By default! You have to go in there and click on that little thing and get it off Every upgrade you do its always back on by default All my documents in my iPod Touch
2:53:35 All of a sudden we're up to the cloud and then you say, I don't want them anymore. It says this will delete everything on the cloud but it doesn't. It deletes everything on your phone Yeah! It's still in the cloud. Yeah Liars In and of itself But second If the bad guys do not backup their phones routinely or if they opt out of uploading to the cloud The data will only be found on encrypted devices themselves Oh no And it is people most worried about what's on the device who will be most likely to avoid the cloud. Because if you're not doing anything wrong, you have nothing to worry about! You should just open everything up. You don't need encryption if you're not breaking the law. Yeah, put cameras in your house while you're at it. And make sure that law enforcement cannot access incriminating data. This is called privacy and we have constitutional rights for this
2:54:23 Encryption just isn't a technical feature, it's part of the marketing strategy. It's a marketing strategy John! It's just marketing we can do away with marketing is not about your rights but marketing But it will have very serious consequences for law enforcement and national security agencies at all levels Yeah you'll have to do some work and get off your lazy ass You've got to go follow somebody, you know sleuthing like the Hardy Boys Sophisticated criminals will come to count on these means of evading detection. terrorists. It's got to be something! Ebola? It's the equivalent of a closet that can't be opened, a safe deposit box that can't be opened, or safe they can ever be cracked yeah and my question facilitates this conversation is at what cost
2:55:24 No cost. Free! There's a huge cost with the bad guys out there. I have to correct some misimpressions that are connected to this. The first is that folks say, phone folks say look you're still going to have access to metadata which includes telephone records and location information See how it connects to what Theresa May was saying? Here he's talking about we have to have the haystack to find the needle. She is also saying a metadata is not enough, we need to be able to go in and read it when you're bad guy. Yeah let's say that I am on this show and this show is political show about Republicans. Anti or pro? We are Republican, pro-Republicans unlikely ever happen but secretly
2:56:12 I am a Democrat. I can imagine somebody like, I don't know Bill O'Reilly being like this. Yeah or John Stewart is probably Republican secretly and I am funneling money you know quite a bit of it to the Democrat Party because i want them to get elected even though I'm doing this Republican show well political operatives that happen to be running the show in the government can find this out quite easily by spying on me and that's what their whole thing is about. And they also might want to blackmail me over some website I accidentally visited or maybe I purposely visited, it's all about blackmail by the government."
2:56:53 Where, look they know Curry is off. The guy's Tourette so we can't even talk to the guy at all He can't even keep attention for five seconds We've got to change the tone of this show through Dvorak Hey you remember that girl in LA who works for E? Yeah...we have pictures Hey Dvorak! You may want to help Curry understand things a little better Yeah, yeah. There it is. Stored with the telecommunications carriers and that is absolutely true but metadata does not provide the content of any communication No! It's incomplete information You said... what happened? We don't need that What happened we never look at that we don't need that now the FBI stooge isn't here saying we need to have this This an outrage almost done with Comey here With a telecommunications carriers And that is absolutely true
2:57:50 But metadata does not provide the content of any communication. It's incomplete information, and even that is difficult to access when time is of the essence." I wish we had time in our work especially when lives are on the line We usually don't There was a misconception that building a lawful intercept solution Is all about building a backdoor One that foreign adversaries or hackers could exploit Ah! What could we possibly come up with That is less scary than a back door? If you were the director of the FBI. If I was looking for something less scary? Yeah! Than a backdoor?! Yeah! I don't have any idea, backdoors don't seem that scary to me. Oh come on man this is for The Sheeple! Uh what would just tell people it would be uh...I dunno. I'm sure he's got better ideas than i do when it comes to this sort of propaganda- What is it!? That also is not true
2:58:46 We are not seeking a backdoor approach. We want to use the front door with clarity and transparency Transparency hello, I'm here at the front door of your eye vote And I want to come in very transparent and have clarity about it all and hello I mean the front door not a bag or front door. I'm gonna out your back door man. Let me front door man we want clear guidance provided by law We are completely comfortable with court orders and legal process front doors that provide us the evidence and information we need to investigate crime and prevent attacks. Number one front door is, and always will be Facebook! The director of the FBI has an office in Facebook on campus That is your number one place where your metadata and conversations are being shared with government. That's the front door